Board of Public Works & Safety

REGULAR MEETING – July 16, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, July 16, 2018, at the hour of 8:30 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Code Compliance Officer Skyler York, Assistant City Planner Lt. Jeff Loniewski, M.C.P.D. Traffic Division Paul Ruane, Associate Planner Charles Peller, City Engineer John Gorczyca, M.C. Sanitary District Kalon Kubik, Mayor’s Administrator Robert Zondor, Superintendent Central Services Andrew Matanic, I.T. Manager Jeremy Kienitz, Park Superintendent Kim Sliwa, Deputy Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of July 2, 2018. Vice-President Murphy made the motion to approve the minutes from the July 2, 2018 Regular meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – Park and Schools Traffic Safety Improvements Project President Janus asked if there was anyone wishing to render a bid at this time; there was no response. Virginia Keating made the motion to close the acceptance of bids for the Park and Schools Traffic Safety Improvements Project. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel, Amber Lapaich addressed the Board advising (2) sealed bids were received as follows: Walsh & Kelly, Inc. $699,990.20 Rieth-Riley Construction Co. $357,817.00 Counsel Lapaich advised there were no alternate bids. Vice-President Murphy made the motion to refer the bids to Legal and Engineering for review and recommendation and report back at the special meeting on Monday, July 23, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Jessica O’Brien, The Salvation Army of Michigan City, 1201 S. Franklin Street, is requesting the closure of Greene Street between Franklin Street and Washington Street on Saturday September 1, 2018 from 11:00 a.m. – 4:00 p.m. for their 5th annual Block Party Jessica O’Brien, The Salvation Army of Michigan City addressed the Board stating they are wanting to close Greene Street between Franklin and Washington Streets for their 5th annual block party. Lt. Jeff Loniewski, M.C.P.D. Traffic Division, addressed the Board stating he has no objections; recommending approval. Corporate Counsel, Amber Lapaich addressed the Board advising we need an updated Certificate of Insurance adding the non-cancellation provision. Virginia Keating made the motion to approve the request for street closure for Jessica O’Brien, The Salvation Army of Michigan City, on Greene Street between Franklin and Washington Streets on Saturday, September 1, 2018 from 11:00 a.m.-4:00 p.m. for their 5th annual Block Party, subject to the receipt of the updated Certificate of Insurance. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. July 16, 2018 Page 2 REQUEST TO USE LOT – Ericka Kilbourne, First Presbyterian Church, 121 W. 9th Street, is requesting approval to use the Farmer’s Market Lot located on the corner of 8th and Washington Streets to host a wellness clinic with Health Linc Mobile van for families and children on July 24, 2018 from 2:00 p.m. – 6:00 p.m. Corporate Counsel, Amber Lapaich addressed the Board stating this is subject to the receipt of the Certificate of Insurance. Vice-President Murphy made the motion to approve the request to use the Farmer’s Market lot located on the corner of 8th and Washington Streets to host a wellness clinic with Health Linc on July 24, 2018 from 2:00 p.m. – 6:00 p.m. subject to the receipt of the Certificate of Insurance. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PROFESSIONAL SERVICES AGREEMENT – Agreement between the City of Michigan City Board of Public Works and Safety and Karnerblue ERA, LLC., to perform grant writing services, project coordination, and stakeholder meetings regarding the Mayor’s Committee on lead-based paint hazard reduction program Corporate Counsel, Amber Lapaich addressed the Board stating the Sanitary District will be applying for a lead grant abatement; advising this Contractor will be assisting the City in preparing the application and submitting it on behalf of the City; explaining Michael Kuss, General Manager, of the Sanitation District will be the lead for the City; further advising the total amount for this contract is $3,000.00; asking for approval. Virginia Keating made the motion to approve the agreement between the City of Michigan city and Karnerblue ERA, LLC., to perform grant writing services, project coordination, and stakeholder meetings regarding the Mayor’s Committee on lead-based paint hazard reduction program in the sum of $3,000.00, report to be submitted by a deadline of August 2, 2018 at 11:59 p.m. EST. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CONTRACT APPROVAL - Tom Weinmann, Haas & Associates, is requesting approval of contract for the “Barker Road Resurfacing Project” between the Michigan City Board of Public Works and Safety and Walsh & Kelly, Inc. Tom Weinmann, Project Manager, Haas & Associates addressed the Board stating they have reviewed the Construction Contract received from Walsh & Kelly, Inc.; advising it is complete and in order, in the sum of $166,544.85; asking for approval. Vice-President Murphy made the motion to approve the contract for the Barker Road Resurfacing Project between the City of Michigan City and Walsh & Kelly, Inc., in the sum of $166,544.85. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CERTIFICATE OF COMPLETION- Tom Weinmann, Haas & Associates, is requesting approval of the Certificate of Substantial Completion by Woodruff & Sons, Inc., for the Hollywood Avenue Sidewalk Project, requiring all concrete work be completed by June 18, 2018. Tom Weinmann, Project Manager, Haas & Associates addressed the Board stating he has prepared a Certificate of Substantial Completion dated June 18, 2018, which was the last day of work on the project; advising this marks the beginning date of the two (2) year warranty period; asking for approval Virginia Keating made the motion to approve the Certificate of Substantial Completion by Woodruff & Sons, Inc., for the Hollywood Avenue Sidewalk Project, requiring all contract work to be completed by June 18, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. MEMORANDUM OF UNDERSTANDING – A Memorandum of Understanding between City and County granting the County permission to install certain computer equipment in the Michigan City Police Department Andrew Matanic, I.T. Manager, addressed the Board stating that John Meyer, LaPorte County 911, along with the LaPorte County Sherriff’s Department had contracted him recently regarding their interest in placing a back-up device in the Data Center at the Michigan City Police Department; advising this backup device will be used to backup data for both the LaPorte County Sherriff’s Department and the LaPorte County 911; explaining there will be no cost or expenses to the City of Michigan City; further advising this will be mutually beneficial to both the County and to Michigan City in the event of a disaster; further explaining that Michigan City will not be providing any hardware for this, it will all be provided by the County; asking for approval. Vice-President Murphy made the motion to approve the Memorandum of Understanding between City and County granting the County permission to install certain computer equipment in the Michigan City Police Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CLAIMS AND PAYROLL Virginia Keating moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants July 16, 2018 Page 3 for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 7 07/06/2018 $596,992.17 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Amount 1 of 20 07/16/2018 $6,128,474.10 UNFINISHED BUSINESS Keenan Perry, 1207 Buffalo Street request to purchase City property parcel #460132202023000022 Corporate Counsel, Amber Lapaich addressed the Board stating she has prepared the documents and the letter to the Board outlining the specific motions that need to be made; advising this is a vacant piece of land at the corner of Greene and Buffalo Street; explaining we do have to publicly bid it, but it is an exception, because the assessed value for the parcel is $2,300.00; further advising since the assessed value is below $15,000.00, Indiana Code 36-1-11-5 can apply; asking that the Board make a finding on one or all of the following: 1. The highest and best use of the tract is sale to an abutting landowner; 2. The cost to the public of maintaining the tract equals or exceeds the estimated fair market value of the tract; 3. It is economically unjustifiable to sell the tract under Section 4 (requiring the City to obtain two (2) appraisals for the sale of the land, and City could not sell land below the lowest of the two (2) appraisals); asking the Board to set an “offering price” on the tract of land; and to consider $100.00 of the offering price for recording fees and publication fees; also asking the Board to approve the Notice of Publication and Bid Form. Virginia Keating made the motion pursuit to I.C. Code 36-1-11-5(d), the requirements have been met and are applicable to the sale of this property; made a motion that the Board set the value of the property at $2,430.00, that being the assessed value of $2,330.00 plus $100.00; in addition to that, approved the bid forms as presented. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Renee Bauer, 400 Autumn Trail, Edgewood Forest Condo Association is requesting slow / curve signs & relocation of a “15 MPH” speed limit sign Charles “Spike” Peller, City Engineer addressed the Board stating the signs were being installed as he spoke; asking that this item be removed from the pending/unfinished business list. Vice-President Murphy made the motion to remove this request from the pending/unfinished business list. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. John Fegaras – 3940 S. Franklin Street – Reduction on Revolving Loan Corporate Counsel, Amber Lapaich addressed the Board stating she is working with Clarence Hulse, Economic Development on this; asking this remain on the pending/unfinished business list. Ron Lantroop- A Slice of Heaven, requesting fencing near his mobile vendor food truck President Janus stated this item will stay on the pending list until August 21, 2018 while the Planning Department researches the Industry standards. Demolitions 121 N. Porter Street – Valerie Kubacki, Prime Real Estate addressed the Board stating she is actually handling this for Fannie Mae; advising she is working hard trying to get demolition bids; she has received 1 bid, but is having a hard time getting the 2nd bid; explaining Fannie Mae requires 2 bids for anything over $500.00; further stating they should have 2 more bids sometime this week and should have a plan of action after that. Sue Downs, Building Commissioner addressed the Board stating that she has been in touch with Ms. Kubacki, and they are working together on this. July 16, 2018 Page 4 Virginia Keating made the motion to continue this matter to the next Board of Works meeting on Monday, August 6, 2018. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REST OF DEMOLITIONS ON PENDING LIST Corporate Counsel, Amber Lapaich addressed the Board advising that Sue Downs, Building Commissioner is still working on the other demolitions; stating Ms. Downs needs to explore the asbestos testing and abatements; explaining because of the nature and extent of how many demolitions we are doing, there has been a hold up in the process; further advising the bid documents are complete and ready to go. Discussion ensued between Ms. Downs and Counsel Lapaich regarding if these demolitions should just be removed from the pending/unfinished business list for now. Counsel Lapaich stated that is up to the Board; advising that eventually they will come back in front of the Board for approval. Vice-President Murphy made the motion to remove the demolitions from the pending/unfinished business list, with the exception of 121 N. Porter Street pending further notification from the Inspection Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENTS President Janus asked if there were any Public Comments; there was no response. BOARD COMMENTS President Janus asked if there were any Board comments. ***Discussion ensued between President Janus and Skyler York, Assistant City Planner regarding the Playa Baja restaurant on Franklin and Homer Streets, serving outside. Mr. York stated he would look into this. ***Discussion further ensued between President Janus and Charles “Spike” Peller regarding the Parks and Schools Traffic Safety Improvements project, and if the Center Crossings on Michigan Boulevard are part of that project. Mr. Peller stated, no they are not. Mr. Peller also advised that the Sanitary District is working with the City Forester to trim trees in that area. ADJOURNMENT President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 8:57 a.m.). Virginia Keating made the motion to adjourn. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk